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Decision No. CIC/SG/A/2011/001889/15701
Appeal No. CIC/SG/A/2011/001889
Relevant Facts
emerging from the Appeal
Appellant : Mr. Jagdish Chander
23 Old Rajender Nagar Market
New Delhi-110060
Respondent (1) : CPIO,
Ministry of External Affairs,
Akbar Bhawan, New Delhi
(2) Mr. Bidhi Chand
Public Information Officer & Dy. Passport Office
Ministry of External Affairs
CPV Division
Patiala House, Annex,
Tilak Marg, New Delhi
RTI application filed on : 25/10/2010
PIO replied : 03/03/2011
First appeal filed on : 30/12/2010
First Appellate Authority order : 29/03/2011
Second Appeal received on : 15/07/2011
Information Sought:
1. The Appellant had sought information on status of legal notices sent to Consulate General of India (CGI) San
Francisco USA on 06/09/2010.
Reply of the Public Information Officer (PIO): (After the First appeal)
Earlier the matter was referred to CGI San Francisco over the RTI information sought. Apparently they have the
CPV Division and the information has now been requested to them and the information shall be provided shortly.
Grounds for the First Appeal:
No information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA had said that there was no delay from the ministry’s part as the delay was from your side as the Appellant
had provided incomplete information in the application so filed and the Appellant was advised to comply with the
Government of India’s requirements. The allegation that the Consul general intentionally went out of jurisdiction is
without foundation. The appeal was disposed off as the allegations made by the Appellant against the officers were
also disposed.
Grounds for the Second Appeal:
Incomplete information provided by the PIO and unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Jagdish Chander;
Respondent : Mr. P. Roychaudhuri, Advocate on behalf of Mr. Bidhi Chand, Public Information Officer &
Dy. Passport Office;
The Appellant has sought information about the action taken on his legal notice. The appellant has
sated that he has given a legal notice to six different people among them one of notice is said to have been
served to Minister of External Affairs, Government of India. The Commission directs the CPIO, Ministry
of External Affairs, Akbar Bhawan, New Delhi to inform the Appellant if any action has been taken with
regard to the Appellant’s legal. If no action has been taken the Appellant should be informed accordingly.
Decision:
The Appeal is allowed.
The CPIO, Ministry of External Affairs, Akbar Bhawan, New Delhi is directed to
provide the information as directed above to the Appellant before 10 December 2011.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
16 November 2011
(In any correspondence on this decision, mention the complete decision number.)(GS)
